Bava Metzia - Daf 75
- סאה בסאה
The next Mishnah states that one cannot tell his fellow: הלויני כור חטין – “Lend me a kor of wheat, ואני אתן לך לגורן – and I will give you back a kor at the threshing season.” This is a case of "סאה בסאה", and Rabbinically prohibited because the produce may increase in price before the repayment. One may say: הלויני עד שיבא בני – “Lend me a kor of wheat until my son comes to access my wheat,” או עד שאמצא מפתח – or “until I find the key.” Since the borrower has wheat (albeit temporarily inaccessible), it is considered as if the lender acquires it now, and its subsequent increase in value is not ribbis. Hillel prohibits even this case, but the halachah follows the Tanna Kamma. Rav Huna says that one can only borrow equal to the amount of produce he possesses. Rebbe Yitzchak says: אפילו יש לו סאה – even if he has only one se’ah, לוה עליה כמה כורין – he can borrow on its basis many kors. Rashi explains that once he borrows one סאה based on the סאה he owns, he may eat or sell his סאה, so he can use it to borrow another סאה against it. A Baraisa supports this second view.
- רבית מוקדמת, רבית מאוחרת, רבית דברים
In the next Mishnah, Rabban Gamliel says: יש רבית מוקדמת – There is advance interest, ויש רבית מאוחרת – and there is subsequent interest. He explains that if one sends someone a gift and says, “This is so you should lend me,” this is a case of advance interest. If one borrowed from someone, and after repaying the loan, sent him a gift and said, “This gift is because of your money which was idle with me,” this is a case of subsequent interest. Rebbe Shimon says: יש רבית דברים – there is verbal interest, without a financial benefit. A borrower may not tell the lender that a certain person came from a certain place (where such information is important to the lender). In a Baraisa, Rebbe Shimon ben Yochai says that if one owed someone a maneh, and does not usually greet the lender first, it is forbidden to do so, because the passuk says: "נשך כל דבר אשר ישך" – neshech of anything that is taken in interest, which teaches: אפילו דיבור אסור – even speech is forbidden when provided as interest.
- One who lends his money without witnesses
Rav said: כל מי שיש לו מעות – Whoever has money ומלוה אותן שלא בעדים – and lends it out without witnesses, transgresses "לפני עור לא תתן מכשול" – Do not a stumbling block before a blind person, by enabling the borrower to falsely deny the loan. Reish Lakish says: גורם קללה לעצמו – he causes a curse to be uttered against himself, as the passuk says: תאלמנה שפתי שקר הדוברות על צדיק עתק – may these lying lips be silenced, which speak falsehood about a righteous person. People will assume the borrower is truthfully denying the loan and curse the lender for falsely accusing him. The Rabbis told Rav Ashi that Ravina fulfills everything the Sages say. Rav Ashi sent a request to Ravina shortly before Shabbos to borrow ten zuzim. Ravina responded that he should send witnesses and write up a שטר. When Rav Ashi sent to him: אפילו אנא נמי – Even I require witnesses?! Ravina responded: כל שכן מר – Master requires witnesses all the more so, דטריד בגירסיה משתלי – because he is preoccupied with his learning, and may forget the loan, וגורם קללה לעצמי – and cause a curse to fall upon me when he denies it. A Baraisa lists three people who cry out in Beis Din and are not answered, because they brought the trouble upon themselves, one of whom is one who lends money without witnesses.
